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42 U.S.C. § 5189e

Title 42 Chapter 68 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
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§ 5189e. Essential service providers

  • (a) In this section, the term “essential service provider” means an entity that—
    • (1)
      • (A) provides
        • (i) wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service;
        • (ii) electrical power;
        • (iii) natural gas;
        • (iv) water and sewer services; or
        • (v) any other essential service, as determined by the President; or
      • (B) is a tower owner or operator;
    • (2) is—
      • (A) a municipal entity;
      • (B) a nonprofit entity; or
      • (C) a private, for profit entity; and
    • (3) is contributing to efforts to respond to an emergency or major disaster.
  • (b) Unless exceptional circumstances apply, in an emergency or major disaster, the head of a Federal agency, to the greatest extent practicable, shall not—
    • (1) deny or impede access to the disaster site to an essential service provider whose access is necessary to restore and repair an essential service; or
    • (2) impede the restoration or repair of the services described in subsection (a)(1).
  • (c) In implementing this section, the head of a Federal agency shall follow all applicable Federal laws, regulations, and policies.

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